Apple Inc., et al.
`Exhibit 1002
`Apple Inc., et al. v. Global Touch Solutions, Inc.
`IPR2015-01174
`
`Exhibit 1002, Page 001
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: M_ail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`figropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`icated unless corrected below or directed otherwise in Block 1 by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use E1091” fm any change ofaddmss)
`
`86528
`
`7590
`
`06/03/2010
`
`_
`_
`Kll’lg & Spaldmg LLP
`401 C011 ress Avenue
`.
`g
`511116 3200
`Austin, TX 78701
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`Eapers. Each additional paper. such as an assignment or formal drawing, must
`ave 1ts own certificate of mailing or transmission.
`Certificate of Mailing 01' Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
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`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885 on the date indicated below.
`(Depositor5 name)
`
`
`
`(Siguatute)
`
`(Date)
`
`Frederick J. Bruwer
`09/26/2008
`12/239,369
`
`TITLE OF INVENTION: INTELLIGENT USER INTERFACE INCLUDING A TOUCH SENSOR DEVICE
`
`
`
`68332.105008
`
`3298
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`LE, TUNG X
`
`$755
`
`2821
`
`$300
`
`315—129000
`
`$1055
`
`09/03/2010
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`El Change of correspondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
`D "Fee Address” indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Number is required.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will apoear on the patent.
`recordation as set forth in 37 CFR 311. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
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`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
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`2
`'1
`7
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`Please check the appropriate assignee category or categories (will not be printed on the 3atent) :
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`D Issue Fee
`El Publication Fee (No small entity discount permitted)
`Advance Order— #ofCo ies
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`p
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`ease 1rs reapp y any prev1ous y pal 1ssue ee s own a oveft 1 'l 'd' fh b)
`
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`
`
`
`ee s, :F()(Pl
`.4bP
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`
`ayment o
`3 A check is enclosed.
`3 Payment by credit card. Form PTO-2038 is attached.
`ee s ,any e 1c1ency, or cre 1t any
`e
`1rector1s ere yaut onze to c arget e requ1re
`:I'l'h D'
`'h b
`h '
`d
`h
`h
`'df
`df"
`d'
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`:I b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`D a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
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`This collection of informationis required by 37 CFR 1.311. The information1s re uired to obtain or retain a benefit by the public whichIS to file (and by the USPTO to process)
`an application. Confidentiality1s governedby 35 U.S.C. 22 and 37 CFR 1. 14. T is collection1s estimated to take 12 minutes to complete, including gathering preparmg, and
`submitting the completed application form to the USPTO. Time will v
`eendin upon the individual case. Any comments on the amount of time you require to complete
`this form and/or suggestions for reducing this burden should be sent to
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`
`
`PTOL785 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651003
`
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMIVIERCE
`
`Exhibit 1002, Page 002
`Exhibit 1002, Page 002
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`W\VW.USP[0.gOV
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/239,369
`
`09/26/2008
`
`Frederick J. Bruwer
`
`68332105008
`
`3298
`
`King & Spalding LLP
`401 Congress Avenue
`Suite 3200
`AUSIIH, TX 78701
`
`LE’ TUNGX
`PAPER NUMBER
`
`ART UNIT
`2821
`DATE MAILED: 06/03/2010
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 47 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 47 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant Will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.g0v).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272—7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of
`the Office of Patent Publication at
`1—(888)-786—0101
`or
`(571)—272-4200.
`
`PTOL—SS (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 3 of 3
`
`Exhibit 1002, Page 003
`Exhibit 1002, Page 003
`
`

`

`
`
`Notice Of Allowability
`
`Application No.
`
`Applicant(s)
`
`12/239,369
`Examiner
`
`TUNG X. LE
`
`BRUWER, FREDERICK J.
`Art Unit
`
`2821
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IX This communication is responsive to amendment submitted on 04/01/2010.
`
`2. IX The allowed claim(s) is/are 1-37.
`
`3. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) |:I All
`b) I] Some*
`c) I] None
`of the:
`
`1. I] Certified copies of the priority documents have been received.
`
`2. I] Certified copies of the priority documents have been received in Application No.
`
`3. I] Copies ofthe certified copies ofthe priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. [I A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. El CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`(a) I] including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`
`1) I] hereto or 2) I] to Paper No./Mai| Date
`
`(b) I] including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. IX Notice of References Cited (PTO-892)
`
`2. I] Notice of Draftperson's Patent Drawing Review (PTO—948)
`
`3. El Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`4. I] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. I] Notice of Informal Patent Application
`
`6. I] Interview Summary (PTO—413),
`Paper No./Mai| Date
`.
`7. El Examiner's Amendment/Comment
`
`8. E Examiner's Statement of Reasons for Allowance
`
`
`9. I] Other
`
`/Douglas W Owens/
`Supervisory Patent Examiner, Art Unit 2821
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper N0./Mai| Date 05142010
`
`
`
`Exhibit 1002, Page 004
`Exhibit 1002, Page 004
`
`

`

`Application/Control Number: 12/239,369
`
`Page 2
`
`Art Unit: 2821
`
`DETAILED ACTION
`
`This Office Action is in response to the Applicant’s amendment submitted on
`
`April 01, 2010 and terminal disclaimer concurrently filed therewith.
`
`In virtue of this
`
`amendment:
`
`0 Claims 32-37 are newly added; and thus,
`
`. Claims 1-37 are pending in the instant application.
`
`Allowable Subject Matter
`
`Claims 1—37 are allowed.
`
`The following is an examiner’s statement of reasons for allowance:
`
`Prior art of record fails to disclose or fairly suggest the following limitations:
`
`An electronic module
`
`comprising
`
`“wherein the microchip also controls a
`
`1.
`
`2.
`
`visible indicator that is activated in response to an activation signal received from the
`
`user interface when the load is not activated by the user.”,
`
`in combination with the
`
`remaining claimed limitations as claimed in independent claim 1 (claims 2-37 are
`
`allowed as being dependent on claim 1).
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Conclusion
`
`3.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Exhibit 1002, Page 005
`Exhibit 1002, Page 005
`
`

`

`Application/Control Number: 12/239,369
`
`Page 3
`
`Art Unit: 2821
`
`Prior art Sperling (US. Patent No. 5,138,538) discloses self-extinguishing
`
`flashlight.
`
`Prior art DePauli (US. Patent No. 4,963,793) discloses delayed response touch
`
`switch controller.
`
`4.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TUNG X. LE whose telephone number is (571 )272-
`
`6010. The examiner can normally be reached on 8:30 AM - 5:30 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Douglas Owens can be reached on 571-272-1662. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.g0v. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`TXL 05/14/2010
`
`/Douglas W Owens/
`Supervisory Patent Examiner, Art Unit 2821
`May 21, 2010
`
`Exhibit 1002, Page 006
`Exhibit 1002, Page 006
`
`

`

`ATTORNEY DOCKET
`
`68332105008
`
`PATENT APPLICATION
`
`12/239,369
`
`REMARKS
`
`This Application has been carefully reviewed in light of the Office Action mailed
`
`January 12. 2010. At the time of the Office Action, Claims 1-31 were pending in this
`
`Application. Claims 1-31 were rejected. Claims 4, 11, and 29 have been amended to correct
`
`antecedent basis issues. Applicant also submits new dependent Claims 32-37. Applicant
`
`respectfully requests reconsideration and favorable action in this case.
`
`Double Patenting Rejection
`
`The Examiner rejected Claims 1-7, 9-13, 17, 2021, 23~24, 27 and 29 based on the
`
`judicially created double patenting doctrine over Claims 1-21 of related US. Patent
`
`7,466,040 (“ ‘040 Patent“) stating that the subject matter claimed in the instant application is
`
`fully disclosed in the related patent and both are claiming common subject matter.
`
`The Examiner rejected Claims 1-7, 9-13, 17, 20-21, 23—24, 27 and 29 based on the
`
`judicially created double patenting doctrine over Claims 1-20 of related U.S. Patent
`
`7,498,749 (“ ‘749 Patent”) stating that the subject matter claimed in the instant application is
`
`fully disclosed in the related patent and both are claiming common subject matter.
`
`The Examiner rejected Claims 1-31 based on the judicially created double patenting
`
`doctrine over Claims 1~31 of related U.S. Patent 7,443,101 (“ ‘101 Patent) stating that the
`
`subject matter claimed in the instant application is fully disclosed in the related patent and
`
`both are claiming common subject matter.
`
`Applicant respectfully traverses this rejection. However, to reduce the cost and time
`
`required to obtain patent protection, three Terminal Disclaimers filed in compliance with 37
`
`C.F.R. 1.321 are submitted herewith. The ‘040, ‘749 and ‘101 patents and the instant patent
`
`application are commonly owned by Azoteq Pty Ltd.
`
`6787041
`
`Exhibit 1002, Page 007
`Exhibit 1002, Page 007
`
`

`

`AWORNEY DOCKET
`
`68332.105008
`
`PATENT APPLICATION
`
`12/239,369
`
`CONCLUSION
`
`Applicant has made an earnest effort to place this case in condition for allowance in
`
`light of the remarks set forth above. Applicant respectfully requests reconsideration of the
`
`pending claims.
`
`Applicant authorizes the Commissioner to charge $70.00 to Deposit Account 50-4871
`
`for the filing of a Terminal Disclaimer (attached hereto). Applicant also authorizes the
`
`Commissioner to charge $ 156.00 to Deposit Account 50—487 1 for new dependent Claims 32~
`
`37.
`
`Applicant believes there are no further
`
`fees due at
`
`this time. However,
`
`the
`
`Commissioner is hereby authorized to charge any fees necessary or credit any overpayment
`
`to Deposit Account No. 50—4871 of King & Spalding L.L.P.
`
`If there are any matters concerning this Application that may be cleared up in a
`
`telephone conversation, please contact Applicant’s attorney at 512-457-2024.
`
`Respectfully submitted,
`KING & SPALDING LLP
`
`gE
`
`g;
`
`Attorney for Applica
`e
`E
`
`
`Bruce W Slayden
`Registration No 33 790
`
`,
`
`
`
`SEND CORRESPONDENCE TO:
`KING & SPALDING L.L.P.
`
`CUSTOMER ACCOUNT NO. 86528
`512—457~2024
`
`512—457-2100 (fax)
`
`6787041
`
`Exhibit 1002, Page 008
`Exhibit 1002, Page 008
`
`

`

`Application/Control Number: 12/239,369
`
`Page 2
`
`Art Unit: 2821
`
`DETAILED ACTION
`
`This Office Action is in response to the Applicant's communication filed on
`
`September 26, 2008.
`
`In virtue of this communication, claims 1-31 are currently
`
`presented in the instant application.
`
`Information Disclosure Statement
`
`1.
`
`The information disclosure statement (IDS) submitted on 9/26/2008 is in
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`2.
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`and to prevent possible harassment by multiple assignees. A nonstatutory
`obviousness—type double patenting rejection is appropriate where the conflicting claims
`are not identical, but at least one examined application claim is not patentably distinct
`from the reference claim(s) because the examined application claim is either anticipated
`by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140
`F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29
`USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163
`USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1 .321(d)
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`double patenting ground provided the conflicting application or patent either is shown to
`be commonly owned with this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CFR 3.73(b).
`
`3.
`
`Claims 1-7, 9-13, 17, 20-21, 23-24, 27 and 29 are rejected on the ground of
`
`nonstatutory obviousness—type double patenting as being unpatentable over claims 1—21
`
`Exhibit 1002, Page 009
`Exhibit 1002, Page 009
`
`

`

`Application/Control Number: 12/239,369
`
`Page 3
`
`Art Unit: 2821
`
`of U.S. Patent No. 7,466,040. Although the conflicting claims are not identical, they are
`
`not patentably distinct from each other because all of limitations of claims 1-7, 9-13, 17,
`
`20-21, 23-24, 27 and 29 of the instant application are included in the inventions of
`
`claims 1-21 of the US. Patent No. 7,466,040.
`
`4.
`
`Claims 1-7, 9-13, 17, 20-21, 23-24, 27 and 29 are rejected on the ground of
`
`nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20
`
`of US. Patent No. 7,498,749. Although the conflicting claims are not identical, they are
`
`not patentably distinct from each other because all of limitations of claims 1-7, 9-13, 17,
`
`20-21, 23-24, 27 and 29 of the instant application are included in the inventions of
`
`claims 1-20 of the US. Patent No. 7,498,749.
`
`5.
`
`Claims 1—31 are rejected on the ground of nonstatutory obviousness—type double
`
`patenting as being unpatentable over claims 1—31 of U.S. Patent No. 7,443,101.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because all of limitations of claims 1-31 of the instant application are
`
`included in the inventions of claims 1-31 of the U.S. Patent No. 7,443,101.
`
`Conclusion
`
`6.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Prior art Sharrah et al. (US. Patent No. 7,314,286 B2) discloses flashlight with
`
`rotatable lamp head.
`
`Prior art Monteleone et al. (U.S. Patent No. 5,904,414) discloses flashlight with
`
`gas permeable membrane and battery polarization.
`
`Exhibit 1002, Page 010
`Exhibit 1002, Page 010
`
`

`

`Application/Control Number: 12/239,369
`
`Page 4
`
`Art Unit: 2821
`
`Prior art McDermott (US. Patent No. 5,161,879) discloses flashlight for convert
`
`applications.
`
`7.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TUNG X. LE whose telephone number is (571 )272-
`
`6010. The examiner can normally be reached on 8:30 AM - 5:30 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Douglas Owens can be reached on 571-272-1662. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`TXL 01/03/2010
`
`/David Hung Vu/
`Primary Examiner, Art Unit 2821
`
`Exhibit 1002, Page 011
`Exhibit 1002, Page 011
`
`

`

`Application/Control Number: 12/239,369
`
`Page 5
`
`Art Unit: 2821
`
`Exhibit 1002, Page 012
`Exhibit 1002, Page 012
`
`